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What is the key difference between the Supreme Court’s original jurisdiction in federal disputes versus its writ jurisdiction?
Question

What is the key difference between the Supreme Court’s original jurisdiction in federal disputes versus its writ jurisdiction?

A.

Federal dispute jurisdiction can be exercised suo moto, while writ jurisdiction requires a petition.

B.

Federal dispute jurisdiction applies to civil matters, while writ jurisdiction applies to criminal matters.

C.

Federal dispute jurisdiction is exclusive to SC, while writ jurisdiction is concurrent with High Courts.

D.

Federal dispute jurisdiction is advisory, while writ jurisdiction is binding.

Correct option is C

Correct Answer: C. Federal dispute jurisdiction is exclusive to SC, while writ jurisdiction is concurrent with High Courts.

Explanation:

  • Federal dispute jurisdiction under Article 131 of the Constitution refers to disputes between the Union and a State, or between States. The Supreme Court has exclusive jurisdiction in such matters, meaning no other court, including High Courts, can hear these cases.
  • Writ jurisdiction, on the other hand, is provided under Article 32 for the Supreme Court and Article 226 for the High Courts. This jurisdiction allows individuals to file petitions for the enforcement of fundamental rights (via the Supreme Court) or for other legal matters (via High Courts). While the Supreme Court has the power to issue writs, High Courts also have concurrent authority to issue writs under Article 226, meaning the jurisdiction is not exclusive to the Supreme Court.

Breakdown of Options:

  • A. Federal dispute jurisdiction can be exercised suo moto, while writ jurisdiction requires a petition – This is incorrect. Both types of jurisdiction typically require a petition to be filed.
  • B. Federal dispute jurisdiction applies to civil matters, while writ jurisdiction applies to criminal matters – This is incorrect. Both types of jurisdiction apply to various legal issues, not strictly divided between civil and criminal matters.
  • C. Federal dispute jurisdiction is exclusive to SC, while writ jurisdiction is concurrent with High Courts – This is the correct answer. Federal disputes can only be heard by the Supreme Court, while writ jurisdiction can be exercised by both the Supreme Court and High Courts.
  • D. Federal dispute jurisdiction is advisory, while writ jurisdiction is binding – This is incorrect. Both types of jurisdiction are binding; they are not advisory.

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